28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
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45-37-21.09
Section 45-37-21.09 Reasonable compensation for diminution of value of business of wholesaler;
arbitration. (a) Except as provided for in this part, a supplier that has amended, modified,
cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from any agreement; or has interfered with, prevented, or unreasonably delayed, or where required
by this part, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of the business of the wholesaler, shall pay the wholesaler reasonable compensation
for the diminished value of the business of the wholesaler, including any ancillary business
which has been negatively affected by the act of the supplier. The value of the business or
ancillary business of the wholesaler shall include, but not be limited to, any good will.
Provided, however, nothing contained in this part shall give rise to a claim against the supplier
or wholesaler by any proposed purchaser of the business...
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45-2-22.08
Section 45-2-22.08 Compensation for violation; arbitration. (a) Except as provided for in this
part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any
agreement; or has caused a wholesaler to resign from any agreement; or has interfered with,
prevented, or unreasonably delayed, or where required by this part, has withheld or unreasonably
delayed consent to or approval of, any assignment or transfer of a wholesaler's business,
shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's
business, including any ancillary business which has been negatively affected by the act of
the supplier. The value of the wholesaler's business or ancillary business shall include,
but not be limited to, any good will. Provided, however, nothing contained in this part shall
give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler's
business. (b) Should either party, at any time, determine that...
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45-49-23.07
Section 45-49-23.07 Compensation for violation; arbitration. (a) Except as provided for in
this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew
any agreement; or has caused a wholesaler to resign from any agreement; or has interfered
with, prevented, or unreasonably delayed, or where required by this part, has withheld or
unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler's
business, shall pay the wholesaler reasonable compensation for the diminished value of the
wholesaler's business, including any ancillary business which has been negatively affected
by the act of the supplier. The value of the wholesaler's business or ancillary business shall
include, but not be limited to, any good will. Provided, however, nothing contained in this
part shall give rise to a claim against the supplier or wholesaler by any proposed purchaser
of wholesaler's business. (b) Should either party, at any time, determine that...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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28-9-7
Section 28-9-7 Transfer of wholesaler's business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or to any other
person who meets the nondiscriminatory, material and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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45-2-22.07
Section 45-2-22.07 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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45-49-23.06
Section 45-49-23.06 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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45-37-21.08
Section 45-37-21.08 Transfer of business of wholesaler. (a) Upon written notice of intent to
transfer the business of the wholesaler, any individual owning or deceased individual who
owned an interest in a wholesaler may transfer the business of the wholesaler to a designated
member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications
and standards required by the supplier for Alabama wholesalers. The consent or approval of
the supplier shall not be required of any transfer of the business of the wholesaler, including
the assignment of the rights of the wholesaler under the agreement, to a designated member
or shall not be withheld or unreasonably delayed to a proposed transferee, other than a designated
member, who meets such nondiscriminatory, material, and reasonable qualifications and standards.
Provided, however, the supplier shall have the burden of proving that the proposed transferee
fails to meet such qualifications and standards which...
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28-9-4
Section 28-9-4 Prohibited acts - Suppliers. A supplier is prohibited from doing the following:
(1) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement
which contains in total the supplier's agreement with each wholesaler, and designates a specific
exclusive sales territory. Any agreement which is in existence on March 3, 1988, shall be
renewed consistent with this chapter; provided, that this chapter may be incorporated by reference
in the agreement. Provided, however, nothing contained herein shall prevent a supplier from
appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service
a sales territory not designated to another wholesaler, until such time as a wholesaler is
appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of the chapter, and, with
respect to the temporary service territory, shall not have...
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